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MLS Review

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  Chapter Question Year Chapter 1: History and development of the MLS Describe the legal system and the sources of law that were applied during the Malacca Sultanate. Elaborate on the effects of the residential system on the application of traditional sources of law in the Federated Malay States. Describe the administrative structure during the reign of the Malacca Sultanate. Describe the sources of law during of the Malacca Sultanate. Chapter 2: English Law and the Civil Law Act 1956 Explain Professor G W Bartholomew's rationale for the inclusion of English statutes in s.3(Y)(a) Civil Law Act 1956 (Revised 1972) Discuss the effects of the Charter of Justice 1807 on the application of law in Penang. Highlight the effects of the residential system on the adoption of English law in the Malay States. Highlight the effects of the Charters of Justice on the application of law in the former Straits Settlements. Outline the significance of the Charter of Justice of 1826. Explain the effects of the residential system on the adoption of English law in the Malay States. State the significance of the Royal Charters of Justice on the application of English Law in the former Straits Settlements. Explain the qualification of section 3(1) of the Civil Law Act 1956 on the cut-off dates and the application of the statutes of general application to West Malaysia. Discuss the effects of the Charter of Justice 1826 on the application of law in the Straits Settlements. Outline the provisions of the Charter of Justice 1826.  Explain the effects of the residential system on the adoption of English law in the Malay States. State the relevant provisions and reasons for the granting of the third Charter of Justice.  According to the Civil Law Act 1956 (Revised 1972), English law must be suitable to local circumstances before it can be applied in Malaysia. Explain this statement. Briefly explain the effects of the residential system on the adoption of English Law in the Malay States Elaborate on the effects of the Charters of Justice on the application of English law and traditional laws in the Straits Settlements. Explain Professor G W Bartholomew's rationale for the inclusion of English statutes in s3(1)(a) Civil Law Act 1956 (Revised 1972). Briefly discuss the effects of the Charter of Justice 1826 on the application of law in the Straits Settlements. Outline the provision of the charter of justice 1826 Chapter 3:  Adat and customary Laws Elaborate on the effects of the Law Reform (Marriage and Divorce) Act 1976 on the Hindu customary law in Malaysia. Define customary law and explain the various tests that have been resorted to by the courts in Malaysia to determine if a custom is accepted as law.  Adat Perpatih is matrilineal, whereas Adat Temenggong is patrilineal. Explain. Explain the various sources of Islamic law. Highlight the present functions of the Dewan Keadilan Undang-Undang in Negeri Sembilan. Briefly explain the sources of Islamic law in Malaysia.  Briefly explain TWO (2) effects of the Law Reform (Marriage and Divorce) Act 1976 on the Chinese and Hindu customary laws. Define 'customary law' and explain the sources of customary law. Explain the main sources of Islamic Law.  Adat Perpatih is matrilineal, whereas Adat Temenggung is patrilineal. Explain. Elaborate on the effects of the Law Reform (Marriage and Divorce) Act 1976 on the Chinese and Hindu customary laws relating to marriage. The application of Islamic law in Malaysia is based on four sources of law. Describe these sources. With reference to marriage and ancestral properties, explain how the division of properties differs between  Adat Perpatih and Adat Temenggong.  Adat Perpatih is matrilineal, whereas Adat Temenggong is patrilineal. Explain. Name the entities or bodies that is responsible for Islamic law in a state and their respective roles Customary laws are still applicable in Malaysia. Identify and briefly explain the sources of customary law. Chapter 4: Doctrine of Judicial Precedent State and explain THREE (3) advantages and disadvantages of the doctrine of binding precedent. Define ratio decidendi and illustrate ratio decidendi with reference to one decided case. State and explain THREE (3) advantages and disadvantages of the doctrine of judicial precedent. In Hong Leong Equipment v Liew Fook Chuan [1996] 7 MLJ 481, the rule in Heydon's case was adopted. By applying the said rule, explain how the Court of Appeal in the above case made its judgment. State the circumstances where COA is not bound by their previous decision.  Chapter 5: Court System State the composition, jurisdiction and sentencing powers of the Juvenile Court. Explain the facts and legal principles in the case of Tan Sung Mooi v Too Miew Kim [1994] 3 MLJ 117 in relation to the jurisdiction of Syariah Courts. With reference to the jurisdiction of the Special Court, explain the legal principles in the case of DYTM Tengku Idris Shah Ibni Sultan Salahuddin Abdul Aziz Shah v Dikim Holdings Sdn Bhd [2002]2 MLJ 11. Discuss the legal principles stated in either: i) United Malayan Banking Bhd v Pemungut Hasil Tanah, Kota Tinggi (1984)2 MLJ 87 or ii) Shaik Sahied bin Abdullah Bajerai v Sockalingam Chettier (1933)2 MLJ 81. Explain the composition and jurisdiction of EITHER the Special Court OR the Court for Children. Highlight also any of the court's special features. Explain the composition and jurisdiction of the Syariah courts in Selangor. Chapter 6: Legislation Federal Constitution Define monetary bill and explain the legislative process involved in passing a monetary bill. Explain the various modes of amendment of the Federal Constitution.  Article 4 (1) of the Federal Constitution states: This Constitution is the supreme law of the Federation and any law passed after Merdeka Day which is inconsistent with this Constitution shall, to the extent of the inconsistency, be void. Elaborate on the supremacy of the Constitution and the factors that curtail it. Describe the procedure for amending the constitutional provision relating to the Rulers' rights and privileges. State the reasons for, and the effects of, the enactment of the Constitution (Amendment) Act 1993.

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